8 CAR § 27-202 – Permit requirements for construction, operation, and closure of pits associated with oil and gas wells

(a) Owners or operators of all pits constructed during the drilling, completion, or testing of an oil, gas, or oil and gas production well (brine production and injection wells), Class II disposal well, and Class II commercial disposal well shall be deemed to have a permit by rule pursuant to Arkansas Code § 8-4-203(1), for the construction, operation, and closure of any pits covered under this part if the owner or operator is in full compliance with 15 CAR § 275-215, as adopted by the Oil and Gas Commission on October 28, 2010.
(b)
1. (1) No discharge or wastes resulting from pit construction, operation, or closure shall cause pollution of any of the waters of the state.
2. (2) No wastes resulting from pit construction, operation, or closure shall be placed in a location where it is likely to cause pollution of any waters of the state.
(c) Any owner or operator who constructs, operates, or closes a pit in violation of any provisions of this part may be subject to Division of Environmental Quality enforcement action under the provisions of the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., including the penalties provided in Arkansas Code § 8-4-103.